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Medical Malpractice Case Report: $4.5 million settlement after Inappropriate use of Pitocin during labor, failure to perform timely C-section

December 2006

Firm partner Terry L. Wade of Robins, Kaplan, Miller & Ciresi L.L.P. secured a medical malpractice settlement of $4.5 million in a birth injury case involving catastrophic injuries to a newborn after the inappropriate use of Pitocin during labor and a failure to perform a timely cesarean section. Read the following Minnesota Association for Justice Minnesota Case Report:

Selected Results*

This case involved claimed inappropriate use of Pitocin during labor, failure to perform a timely cesarean section and failure to have appropriate operating room personnel available for the emergency cesarean section in a timely manner.

Three-year old K. has significant and irreversible brain damage. She is very developmentally delayed with catastrophic gross and fine motor impairment. She cannot walk, talk, crawl, or roll over. She is fed by tube and has difficulty with aspiration and seizure activity. Her level of cognitive function is unknown given the overwhelming motor involvement.

The case is complicated by life expectancy issues of significance. Defense expert's opined that life expectancy was about 14 years. Plaintiffs' expert was more optimistic. A life insurance company agreed to fund future care annuities for the three-year-old plaintiff on the assumption that she has the life expectancy of a 70-year-old. Catastrophic birth injury cases are extremely complex medically and very high risk - for all parties.